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27-1413 - Alternatives Analysis.

NY Env Cons L § 27-1413 (2019) (N/A)
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(a) the degree to which the remedy selection criteria would be better satisfied by a Track 2 cleanup;

(b) the degree of impact a Track 2 cleanup would have on the applicant's ability to successfully cleanup and/or redevelop the property;

(c) the benefit to the environment to be realized by the expeditious remediation of the property; and

(d) the economic benefit to the state to be realized by the expeditious remediation of the property. 4. For sites that the department has determined constitute a significant threat, the department shall select the remedy from a department-approved alternatives analysis prepared by the applicant. 5. For sites that the department has determined do not constitute a significant threat, the applicant may select the remedy from a department-approved alternatives analysis, which analysis shall contain at least two remedial alternatives as set forth in subdivision two of this section. Provided, however, that where the department has required the applicant to develop and evaluate a Track 2 cleanup, the department shall have the discretion to, as a condition of continuing under this program, require the applicant to implement such remedy.

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27-1413 - Alternatives Analysis.